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91_HB3192eng
HB3192 Engrossed LRB9111248MWpc
1 AN ACT to amend the Telecommunications Municipal
2 Infrastructure Maintenance Fee Act by changing Section 20.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Telecommunications Municipal
6 Infrastructure Maintenance Fee Act is amended by changing
7 Section 20 as follows:
8 (35 ILCS 635/20)
9 Sec. 20. Municipal telecommunications infrastructure
10 maintenance fee.
11 (a) A municipality may impose a municipal infrastructure
12 maintenance fee upon telecommunications retailers in an
13 amount specified in subsection (b). On and after the
14 effective date of this amendatory Act of 1997, a certified
15 copy of an ordinance or resolution imposing a fee under this
16 Section shall be filed with the Department of Revenue within
17 30 days after the effective date of this amendatory Act or
18 the effective date of the ordinance or resolution imposing
19 such fee, whichever is later. Failure to file a certified
20 copy of the ordinance or resolution imposing a fee under this
21 Section shall have no effect on the validity of the ordinance
22 or resolution. The Department of Revenue shall create and
23 maintain a list of all ordinances and resolutions filed
24 pursuant to this Section and make that list, as well as
25 copies of the ordinances and resolutions, available to the
26 public for a reasonable fee.
27 (b) The amount of the municipal infrastructure
28 maintenance fee imposed upon a telecommunications retailer
29 under this Section shall not exceed: (i) in a municipality
30 with a population of more than 500,000, 2.0% of all gross
31 charges charged by the telecommunications retailer to service
HB3192 Engrossed -2- LRB9111248MWpc
1 addresses in the municipality for telecommunications
2 originating or received in the municipality; and (ii) in a
3 municipality with a population of 500,000 or less, 1.0% of
4 all gross charges charged by the telecommunications retailer
5 to service addresses in the municipality for
6 telecommunications originating or received in the
7 municipality. If imposed, the municipal telecommunications
8 infrastructure fee must be in 1/4% increments. However, the
9 fee shall not be imposed in any case in which the imposition
10 of the fee would violate the Constitution or statutes of the
11 United States.
12 (c) The municipal telecommunications infrastructure fee
13 authorized by this Section shall be collected, enforced, and
14 administered as set forth in subsection (c) of Section 25 of
15 this Act.
16 (Source: P.A. 90-154, eff. 1-1-98; 90-562, eff. 12-16-97.)
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